Fresh Express Salad Lawsuit | 2024 Latest Updates

Fresh Express Salad Lawsuit Overview

Fresh Express salads have been involved in multiple contamination incidents leading to serious health concerns. Lawsuits against the company primarily allege negligence in food safety practices resulting in E. coli, Listeria, and Cyclospora contamination. Multiple recalls have affected thousands of consumers across numerous states, with the FDA and CDC issuing several safety alerts related to these products.

Related Article: Listeria Infection Outbreak Lawsuit Update

Latest Fresh Express Salad Lawsuit Updates

February 8, 2024 – Fresh Express initiated a recall of two salad kits—Salsa! Ensalada and Marketside Southwest Chopped Salad—due to potential Listeria monocytogenes contamination traced to cheese supplier Rizo-Lopez Foods, Inc. Products with use-by dates from January 6 to February 20, 2024, were affected across multiple states, including Alabama, California, and Florida [1]. 

August 3, 2022 – A lawsuit was filed against Fresh Express alleging that a pregnant woman suffered the death of her unborn child due to Listeria monocytogenes infection linked to the company’s salad products. Fresh Express stated that they were investigating the claims and emphasized their commitment to food safety standards.

FDA Reports and Statistics

According to the CDC, more than 200 illnesses were reported in connection with a Cyclospora outbreak occurring in Midwest U.S. states linked to Fresh Express products in 2020.

For the E. coli outbreak linked to Fresh Express Sunflower Crisp Chopped Salad Kits, at least 10 people were sickened across 5 states. Of those affected, 4 people required hospitalization and 1 person developed hemolytic uremic syndrome (HUS), a life-threatening form of kidney failure. 

The outbreak strain of E. coli linked to Fresh Express Salads differs from the one associated with romaine lettuce grown in Salinas, California.

Fresh Express Injuries & Side Effects

Consuming contaminated Fresh Express salad products has been linked to several serious foodborne illnesses:

• E. coli Infection: Severe abdominal cramping, bloody diarrhea, vomiting, and potential development of hemolytic uremic syndrome (HUS)
• Listeria Infection: Fever, muscle aches, headache, stiff neck, confusion, loss of balance, and convulsions, particularly dangerous for pregnant women, newborns, elderly, and immunocompromised individuals
• Cyclospora Infection: Watery diarrhea, explosive bowel movements, loss of appetite, weight loss, stomach cramps, nausea, fatigue, and vomiting

Do You Qualify for a Fresh Express Salad Lawsuit?

You may qualify for a Fresh Express salad lawsuit if:

• You consumed a Fresh Express salad product that was later recalled
• You experienced symptoms of foodborne illness within the expected timeframe after consumption (1-7 days for E. coli, 1-70 days for Listeria, 7 days for Cyclospora)
• You sought medical treatment for your illness
• Your illness was diagnosed through testing or was consistent with the contamination identified in the recalled product
• You can provide documentation of your purchase and/or consumption of the affected product

Evidence Required for a Fresh Express Salad Lawsuit

To strengthen your case, you will need:

• Medical records documenting your diagnosis and treatment
• Receipts or proof of purchase for the contaminated product
• Product packaging if available
• Documentation of work absences and lost wages
• Records of all medical expenses related to your illness

Damages You Can Recover

Compensation in Fresh Express salad contamination cases may include:

• Medical expenses ranging from $5,000 to $100,000
• Lost wages ranging from $2,000 to $50,000
• Pain and suffering compensation between $10,000 and $500,000
• Other related damages based on the severity and duration of your illness

Fresh Express Recall Information

According to an FDA Recall Notice issued 6/29/20, Fresh Express recalls the following salads produced at its Streamwood, Illinois, facility over potential contamination with cyclosporine.

Fresh Express has issued multiple recalls in recent years:

• February 2024: Salsa! Ensalada and Marketside Southwest Chopped Salad Kits (Listeria)
• November 2022: Fresh Express Organic Marketside Spring Mix (dead bat contamination)
• December 2021: Multiple branded and private-label bagged salads (Listeria)
• November 2020: Fresh Express Kit Caesar Supreme (E. coli STEC 026)
• June 2020: Multiple products including Fresh Express Chopped Kit Southwest (Cyclospora)

Statute of Limitations for Fresh Express Salad Lawsuits

The time limit for filing a Fresh Express salad lawsuit varies by state, ranging from 1 to 6 years from the date of illness or discovery of injury. To ensure you don’t miss the deadline, it’s essential to consult with an attorney as soon as possible after becoming ill from a contaminated product.

FAQs

1. How do I know if my illness was caused by a Fresh Express product?

If you consumed a Fresh Express product before becoming ill with symptoms consistent with foodborne illness, and especially if that product was later recalled, there may be a connection. A healthcare provider can perform tests to determine the specific pathogen causing your illness.

2. What compensation can I receive for a Fresh Express foodborne illness case?

Compensation typically covers medical expenses, lost wages, pain and suffering, and in some cases, punitive damages. The exact amount varies based on illness severity, recovery time, and long-term health effects.

3. How long does it take to resolve a Fresh Express lawsuit?

Most foodborne illness cases are resolved within 1-3 years, though complex cases involving severe illness or multiple plaintiffs may take longer.

4. Can I join a class action lawsuit against Fresh Express?

Multiple class-action lawsuits have been filed against Fresh Express for contaminated products. Your eligibility to join depends on your specific circumstances and the status of existing cases.

5. What if I threw away the packaging or receipt for the contaminated product?

While having product packaging strengthens your case, medical evidence of a specific pathogen that matches the outbreak strain can help establish causation even without proof of purchase.

6. Will I need to go to court for a Fresh Express lawsuit?

Many foodborne illness cases settle before trial, but you should be prepared for court proceedings if a fair settlement cannot be reached.

7. How can I check if a Fresh Express product I purchased was recalled?

Visit the FDA recall website or Fresh Express’s company website for current recall information. You can also check the packaging for UPC codes and best-by dates mentioned in recall notices.

8. Is there a cost to consult with a lawyer about my potential case?

At Schmidt&Clark, we offer free initial consultations for Fresh Express contamination cases and work on a contingency fee basis, meaning you pay nothing unless we win compensation for you.

9. What evidence do I need to preserve after becoming ill?

Keep all medical records, receipts for medical care, product packaging if available, proof of purchase, and a journal documenting your symptoms and their impact on your daily life.

10. Can I file a lawsuit if a family member died from foodborne illness?

Yes, immediate family members can file a wrongful death lawsuit if a loved one died from a foodborne illness linked to a contaminated Fresh Express product.

Related Articles:

• Fresh Express Spinach Recall Lawsuit
• McDonald’s Salad Lawsuit
• Veggie Recall Lawsuit

See all related food poisoning lawsuits our attorneys covered so far.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action against Fresh Express for foodborne illness. Most states allow only 1-6 years from the date of injury to file a claim, so immediate action is essential to protect your rights.

Our experienced food safety attorneys offer:

• Free, confidential consultations
• No upfront costs or fees
• Payment only if we win your case

Don’t let time run out on your chance to receive the compensation you deserve. Our team at Schmidt&Clark, LLP has successfully represented numerous victims of foodborne illness and has the expertise to guide you through this process.

[START YOUR FREE CASE REVIEW NOW]

Reference: 

[1]https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/fresh-express-issues-recall-limited-quantities-two-salad-kits-condiment-packs-containing-recalled